Search Surf Breaks

Published on Monday, 16 January 2012 15:22

Written by Nick Gill

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Terms and Conditions for the use of this Site

You should read these terms and conditions carefully before using this website (the 'Site'). This Site is operated by Hotswell Limited (“our”, “we”, “us”). By accessing or using this Site, you agree to be bound by these terms and conditions. No changes to these terms and conditions proposed by you are valid or have any effect. If you do not agree with or accept any of these terms and conditions, you should cease using the Site immediately.

Please note that any sale of any products via this Site is governed by separate terms and conditions in addition to these terms and conditions and will be provided to you for your acceptance before you place an order and are available here.

1. Availability and conditions of use

The Site is made available to you by us. Whilst we make every effort to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site. We reserve the right to suspend or cease the operation of the Site from time to time at our sole discretion.

As a condition of your use of the Site, you agree:

not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions; and

not to defame, disparage any body or in a manner which is obscene, derogatory or offensive; and

to be responsible for ensuring that your use of the Site is consistent with all applicable laws and regulations.

We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.

2. Ownership, use and intellectual property rights

This Site and all content within the Site is owned and operated by us and/or our licensors. We and our licensors reserve all rights.

The Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, revise, perform, reproduce, publish, license, deep-link, create derivative works from, transfer, or sell any information or content obtained from the Site unless expressly authorised by us.

Any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered) subsisting in any content or material on the Site belongs to us and/or our licensors. All rights are reserved for the benefit of ourselves and/or our licensors. Nothing in these terms and conditions grants you any rights in the Site or the content within the Site.

Trademarks and trade names that are owned by third parties may be used on this Site to refer to the entities claiming the marks and names of the marks and names of the product and/or services. The use or misuse of these trademarks or any other content on this Site except as provided in these terms and conditions or in the Site content, is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our prior written permission.

3. Information you provide to us

The following applies to any information you provide to us, for example during any registration ordering process:

you authorise us to use, store or otherwise processed any personal information which relate to and identifies you, including but not limited to your name and address, to the extent reasoning necessary to provide the services which are available through our website by us, any partners for whom we are acting as agent or otherwise, and our successors (including the purchaser of the whole or part of our business), subcontractors

if you obtain or choose to buy any products or services through our website shop or the classified section then we may collect information about your buying behaviour and if you send us personal correspondence or make posts then we may collect this in a file specific to you (together, the various purposes set out in this paragraph shall be known as the Purposes). All such information collected by us shall be referred to in these terms and conditions as "Personal Information".

you must ensure that the Personal Information you provide is accurate and complete and that all bordering or registration details (where applicable) contain your correct name, address and other request details. For more information about how we deal with you all Personal Information, please read the privacy policy section of these terms and conditions.

By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us at This email address is being protected from spambots. You need JavaScript enabled to view it.

In addition, the following also applies to all messages, e-mails, chat room postings, advertisements in the classifieds or other material submitted by you:

you must own or have the right to submit content or goods for sale in the classified section of our Site and all content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice;

you must ensure that all content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trademark or any other rights of any third party

you must ensure that the content does not advertise or otherwise solicit for funds or be a solicitation for goods or services other than a genuine advertisement for second-hand goods in the classifieds section.

4. Submissions

We appreciate hearing from our customers and welcome your comments regarding our products, including our online services. Please note that except for any Personal Information we may collect from you which shall only be used for the Purposes governed by our privacy policy, any submission made to us is deemed to be our property and we are entitled to utilise any such submission in any manner we see fit. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.

5. Surf Social and Classified Advertisments

Any communication or material you transmit to us or post on our Chatroom is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting any communication or material, you agree that we and any of our affiliates may use your communication for any purpose, including reproduction, transmission, publication, broadcast, and posting.

We encourage you to contribute freely to the chat room and advertise the sale of your second-hand surf equipment and clothing as long as you do so in a responsible fashion and show respect for others. To ensure you and we are protected, we have developed a standard of conduct that is strictly enforced.

You should not do any of the following:

no profanity or obscenities of any kind, even disguised with asterisks or other punctuation or symbols

Although we reserve the right to monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any content posted on any of these functionalities nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information on such functionalities. Comments posted here may at our discretion be removed whether in breach of the standards or not without further comment on notice to you. We reserve the right to identify you in response to a court order or threat of legal action. You agree to us identifying you in such circumstances and to permit us to remove anything that you may post or advertise on the Site.

Any sale and purchase of goods via the classifieds section is a private transaction between the buyer and the seller and we accept no liability for any misrepresentation, action in common law or contract, or statutory liability in relation to the advertisement or the goods or services purchased.

6. Agency and Credit Card Authorisation

We are the duly appointed agent for the sale of the goods listed in the shop section of the Site. We are acting in the capacity of agent and have no liability in relation to the sale and purchase of any goods purchased on this Site which are governed by separate terms and conditions and whilst content which is offered by third parties in our shop is published in good faith by us we do not accept responsibility for the accuracy or otherwise of such content.

You unconditionally and irrevocable authorise us to act as collection agent in the relation to the processing of payment between you and the supplier of goods purchased via the shop. You warrant that all information supplied by you in relation to any credit card or other payment mechanism is true and accurate and that you are the owner of such card or account.

You are solely responsible in all respects for use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you was selected by you use on our Site. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our Site that comes to your attention.

7. Disclaimers

Whilst we endeavor to provide accurate weather and swell conditions we are reliant upon third party data and accept no liability for any incorrect forecast.

The tidal information provided on Hotswell.com is not intended to meet the specific requirements of certain types of watersports, industry, or any other marine / inshore activity. It is the user's responsibility to ensure that the data is suitable for their intended purpose and also to check the real life conditions before undertaking any activity. For vessels operating under the International Convention for the Safety of Life at Sea (SOLAS), 1974 regulations we recommend they seek reference to specific tide products designed for that use. We do not accept responsibility for any amendments or changes to the data whilst it is displayed / printed from our website and it is the user's responsibility to ensure that their hardware is configured to display the information as intended. We do not accept responsibility for any changes or representations of our data made by third parties or syndicates.

While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up to date, or fit or suitable for any purpose. Any reliance you place on the information on this Site is at your own risk. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights.

Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial, legal advice or any other type of advice and should not be relied on for any purposes.

8. Hyperlinks and third party sites

The Site may contain hyperlinks or references to external third party websites. Any such hyperlinks or reference is provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

9. Privacy Policy

Your right to privacy is important to us. We are keen to strike a fair balance between your personal privacy and ensuring you obtain full value from the internet and other products and services we may be able to market to you. We are fully registered under th Data Protection Act 1998 and ensure we comply with all protection the Act affords to you. In some areas of our site, we ask you to provide information that will enable us to enhance your site visit or reply to you after your visit. This would include where you subscribe to our online newsletters or provide feedback to us through contact form or when you complete any on line survey we may offer from time to time. When you do, so we ask you to give us your name, e-mail address and other personal information that will be needed to supply the services to you. In relation to on line newsletters you can ‘unsubscribe’ at any time. We may use your personal data for future e-mail mailings, support, notification of new products or new versions, general correspondence regarding the products and correspondence which may relate to you. If you would rather not receive future marketing e-mails from us please inform us by e-mail. The information you provide will be kept confidential and will be used only to support your customer relationship with us. We do not disclose or sell your information except to those third parties for whom we act as agents or partners or if we sell the whole or part of our business.

10. Warranties and limitation of liability

You agree that your use of the Site is on an 'as is' and 'as available' basis. Consequently we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any content and information on the Site, or as to satisfactory quality, or fitness for particular purpose.

To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of:

any error or inaccuracies in any information or material within or relating to the Site;

the unavailability of the Site for whatsoever reason; and

any representation or statement made on the Site.

Under no circumstances shall we be liable to you for any loss or damage suffered (including without limitation direct or indirect losses) arising from your use of, or reliance on, the Site (including the downloading or any software, program or information).

We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.

11. Indemnity

If you are in breach of any of these terms and conditions, you agree to indemnify and hold us harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by us in relation to or arising from such a breach

12. General

Hotswell Limited is a company incorporated in England and Wales under number 07759963 whose registered office is at Trethullan Cottage, Sticker, St Austell, Cornwall PL26 7EH..

We reserve the right to vary these terms and conditions from time to time without notifying you. By continuing to use and access the Site you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

These terms and conditions contains the entire understanding and agreement between us and you in relation to your use of the Site and supersedes and replaces any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.

Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.

These terms and conditions are governed and construed in accordance with the laws of England and Wales and you consent to the exclusive jurisdiction of the courts of England. Those who visit our Site from other locations do so on their own initiative and are responsible for compliance with all applicable laws and if any aspect of our Site infringes any applicable law in your jurisdiction then you must exit immediately.